Case law
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Division and case type: CriminalCriminal Appeal
…The appellants have been notified of the consequences before the hearing of this appeal. Francis Aganda appealed against both conviction and sentence.…
Division and case type: CivilMiscellaneous Application
…of appeal and the appeal be admitted of time at the High Court of Kenya at Nakuru ( Masime J ) dated December 3, 1983 In High Court Civil Case No 235 of 1982 RULING The applicant was duly served with the notice for the hearing…
…The application was then stood over to this morning hoping that in the meantime the applicant would make enquiries so as to be notified of this morning’s hearing. There is no appearance again today.…
Division and case type: CivilMiscellaneous Application
…The applicant can still challenge the proceedings before the tribunal which has already made orders which he claims were made without according him a hearing. In the Tribunal, he can challenge its jurisdiction.…
…Land Court: Provided that the Environment and Land Court may, where it is satised that there is sucient reason for so doing, extend the said period of thirty days upon such conditions, if any, as it may think t. (2) In hearing…
Division and case type: CriminalCriminal Appeal
…Further that the appeal has high chances of success and that for the seven (7) years that the case was pending hearing and determination the appellants were out on bond and at no time did they abscond. I have heard Mr.…
…I have also noted the concerns raised in the pre-bond report and I am of the considered view since the appeal has been filed and a date for hearing has been fixed the case should proceed to hearing of the substantive appeal…
Division and case type: CriminalCriminal Appeal
…This was preferred during the course of the hearing and substituted for the original of attempted rape.…
…He was, we think, then disqualified from hearing the case and should have transferred it to another magistrate of competent jurisdiction.…
Division and case type: CriminalCriminal Appeal
…Thereafter the hearing was adjourned and it would appear from the record that Mr Mganga was unable to continue with the trial and the case was taken over by Mr Magolo, an Acting Resident Magistrate.…
…He first appears on record on 13th January 1988 when he fixed the hearing for 5th April 1988.…
Division and case type: CriminalCriminal Appeal
…This ground alone merited the appellant’s appeal to be admitted to hearing in the superior court. Summary rejection of that appeal was therefore wrong.…
…Accordingly, we allow the appellant’s appeal to this court, set aside the superior court’s order summarily rejecting the appellant’s appeal to that court and order that the said appeal be admitted to hearing by the superior…
Division and case type: CriminalCriminal Appeal
…The appellant indicated that he waited to be present at the hearing of the appeal and an order was made for his production at the hearing. On the hearing date, the appellant was absent and unrepresented.…
Division and case type: CriminalCriminal Appeal
…The applicant seeks to stay the hearing of the R.Ms court criminal case number 2826 of 1985 against the applicant now pending before Ang’awa (Miss), senior resident magistrate Nairobi, until the hearing and disposal of an…
Division and case type: CriminalCriminal Appeal
…XVI Rule 5 of the Civil Procedure Rules, on the ground that the plaintiff had since the close of the pleadings taken no steps in the matter to set down the suit for hearing.…
…XVI Rule 5 are restated:- “If within three months after: - (a) the close of the pleadings … the plaintiff does not set down the suit for hearing, the defendant may either set the suit down for hearing or apply for its dismissal…
Division and case type: CriminalCriminal Appeal
…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…
…However, since I have seen that there not so many appeals in Mombasa, I cannot see why the hearing of this particular one should take long to dispose of.…
Division and case type: CriminalCriminal Appeal
…He has lodged an appeal to this court against conviction and sentence and now applies to be released on bail pending the hearing and determination of the appeal.…
…However, since I have seen that there not so many appeals in Mombasa, I cannot see why the hearing of this particular one should take long to dispose of.…
Division and case type: CriminalCriminal Appeal
…Kiriba, Senior Resident Magistrate, in Criminal Case No. 2019 of 2001) JUDGMENT There are four appeals all consolidated for hearing. Criminal Appeal No. 417 of 2002 was filed by JACOB MATHENGE NJOGU.…
…The Complainant admitted during the hearing that he did not see Accused Four at the robbery. He said he immediately opened the door for them, they cut him on the head and he was forced to give them Ksh.6000/=.…
Division and case type: CriminalCriminal Appeal
…We do not have any explanation for his nonattendance.That being the case, and there being no other counsel present and ready to represent the appellant, we are unable to proceed with the hearing of this appeal.…
…It is accordingly taken out of today's hearing list and stood over to an early date to be refixed at the Registry. Mr.…
Division and case type: CivilMiscellaneous Application
…At the commencement of the hearing of this application, one of the counsels for the applicant, Mr.…
…The right to a fair hearing is a rule of universal application in the case of administrative acts of decisions affecting rights - see the case of Ride v. Baldwin , (1964) A.C. 40.…
Division and case type: CriminalCriminal Appeal
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…When the two appellants’ appeals from the decision of Bhandari J came before this court for hearing it was disclosed that there was in existence a letter from Mr S K M Mwangi dated June 16, 1984 to the prison authorities…
…The advocate further stated that a memorandum of appeal had been filed and that a hearing date was due to be fixed by the High Court registry.…
Division and case type: CivilMiscellaneous Application
…On 2nd day of July, 1999 he filed this application under rule 47 of the Rules of this Court seeking that his application be set down for hearing as a matter of urgency.…
…In that regard I will exercise my discretion in favour of the applicant and order that the application be fixed for hearing before the full Court urgently. Costs in the application.…
Division and case type: CRIMINAL DIVISIONCriminal Appeal
…He sought admission to bail pending the hearing and determination of the appeal.…
…December, 2016 namely, that the appeal's chances of success were not overwhelming, no exceptional circumstances existed that would justify a grant of bail and finally that there was no reason to anticipate a delay in the hearing…
Division and case type: CriminalCriminal Appeal
…He sought admission to bail pending the hearing and determination of the appeal.…
…December, 2016 namely, that the appeal's chances of success were not overwhelming, no exceptional circumstances existed that would justify a grant of bail and finally that there was no reason to anticipate a delay in the hearing…